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Only Afternoon Paper Dchvcon Richmond and Atlanta With Leased Wire and Full Preaa Dispatches LAST EDITION. jyj. ALL THE HABKET& THE RALEIGH EV VOLUME 30. RALEIGH, N. C, MONDAY, MAY 25, 1908. PRICE 5 CENTS. HARRY THAW NOT TO GET OUT ON WRIT OF HABEAS CORPUS POLL TAX $2 ON HEAD, SAYS COURT TODAY THREE COMMENCEMENTS ARE BEING HELD TODAY w TIMES Young Mao's Application Denied By Justice Morschauser, Who Holds Prisoner Is Insane and May Never Be In Good Mental Shape Again. HiCTirc nniii wr.'O rnEiuiTiiriiT ic nnnnn juo uununuo uuitiiMiimuu lo uruLLU - New York Judge, Before Whom Second Murder Case Was' Tried, Within the Law When He Sent Harry O Q O O ,0 O O O'O.O l v r, O o o o K K o o o 0 o o o o poughkeeps-io, N. Y., May 25 Justice Morschauser'.' handed down a formal opinion at 7 o'clock this morning dismissing Hie writ of habeas corpus filed by counsel for Harry K. Thaw to have him liberated from Matteawan stato insane asylum. The justice decides that Thaw is Insane and that the commit ment of Justice Dowllng is constitutional. The court further holds that Thaw is suffering from a mental disorder and may have a recurrence of the malady Bimilar to that from which he was suf fering when he shot and killed Stanford White on the roof of Madison Square Garden 'two years ago. The safety of the.' public is better insured, says the justice, by Thaw's incarceration. OOOOOHO O O 0 0 .0 O ( O O O O 0 0 o :o o o o o o o Text of Decision by Wliich Application is Denied. . ' (By Leased Wire to The Times.) I'oughkecpsie, N. Y May 25 Justice: Joseph Morschauser, at 7 o'cloc k dismissed the writ of habeas corpus brought by ilarry Thaw three-weeks ago in an effort to gain the relator's freedom from Matteawan state hospital. The justice decides Thaw is itiKane and that the com mitment of Justice Dowling is constitutional. The court further holds that Thaw Is suffering from a mental disorder that may have a recurrence similar to that which the jury believed he was suffering from when he killed Stanford White; that tho safety of tho public is Uer .Insured by Jiis remaining in custody and under observation until he had recovered or until it shall be reasonably certain that there is no danger of a recurr ing uttack Of the delusion or whatever it may be. The decision follows: "Upon application duly made, a writ of habeas corpus was allowed by which Harry. K. Thaw was directed to be produced in court. In the petition it is alleged that said Thaw tj illegally imprisoned and restrained of his liberty by Amos T. Baker, actins superintendent of Matteawan state hospital, a state institution for the insane. Thaw's detention is attacked upon, the grounds, first, that he is sane now; second, that the act under the' provisions of which he was commit ted and detained is unconstitutional, and that the court was without Jurisdiction to issue the order of commitment and such order was null and void. "The return to the writ alleges that said Thaw is now Insane and that the statute providing for the confinement- of said Thaw is constitutional and valid, and that the court had jurisdiction to make the order of com-; mitment. The return is traversed by the relator. ; After reciting the history of the two trials and commitment, the decision says: "I am satisfied from the evidence adduced before me that the mental condition of Harry K. Thaw has no; changed, and I find that he is now insane, and that it is so manifest as to make it unsafe for him to be at large. . ;;'- - :: "To review the voluminous evidence adduced on the hearing would unnecessarily lengthen this opinion. Thaw was committed pursuant to. section 454 of the code of criminal procedure, which reads as follows: '"454 When defendant is acquitted on the ground of insanity the fact is to be stated with the verdict. Commitment of defendant to state lunatic asylum.' - ' ' "When the defense is insanity of the defendant the jury must be In Btructed, if they acquit him on that ground, to state that fact with their verdict. Tha court must, thereupon, if the defendant be in custody, and they deem his discharge dangerous to the public peace or safety, order him to be committed to the state lunatic asylum until he becomes sane. "The question of the constitutionality of this law is assailed by the relator in that he claims there was no notice given to Thaw of a hearing on the question of insanity; that no hearing was accorded to him; that he has been deprived of his liberty wlthous due process of law, and that the substitute under which he was committed does not provide a method by which his mental condition, as then existing, could be legally shown. "The people contend that Thaw was not deprived of liberty without due process of law because he knew that, if he chose to prove upon the trlnl of the idictmeut that he was insnne when he killed Stanford White, and that If that defense was successful and the Jury acuuitted him of the charge urged the Jury before whom he was tried upon a charge of homicide to acquit hira because of his insanity. "I have made careful" examination of the authorities and I do not find that this statute has even been passed upon by any of the courts in this state, It has been in existence and operation for many years with out question, and it Js the duty of the court to presume in favor of the validity of the statute until its violation of the examination Is established beyond all reasonable doubt, and upon such a determination the result which may follow from one construction or another is always a peter. t factor and la sometimos in and of itself conclusive. "I believe no injustice has been done to Thaw, or will bo done to him by depriving him of his liberty until such time as he can be discharged by the method prescribed by law. "Bearing In mind that the usual punishment for the act which led up to the detention of said Thaw U death or a long term of imprisonment, and that said Thaw escaped the consequences of such' act solely by "eason of bis existing mental condition, I do not deem it proper to allow Thaw his freedom, Buffering as ho is from some form of insanity, with the possible recurrence of an attack similar to that which the jury believed he was Buffering from when he killed Stanford White. "In view of the existing mental condition of said Thaw, the BaMy of the public is better insured by his remaining In custody, and under observation until he has recovered, or until such time as it shall be reason-, ably certain there Is no danger of a recurring attack of the delusion or whatever It may be." ; y Thaw Talks Incoherently and Calls Jerome "Hot Air Man." ; '- Poughkeepsie, N. Y., May 25Thaw was told of Justice Morshau- jJ2 , (Continued on Page Seven.) O .0 O O O 0 o o o o o o o o O O O O o o; d. o ' o O o o o FEELING IN -TWIN CITIES IS HARD projlIIiIionIsts MMti farl ani1 Then Dilla'1 Usc Tl;8' But Wuuldiil. Conie to Speak and His Failure Causes Comment (Special to The Times. Winston-Salem, May 25. -The fact that the prohibitionists were forced j to withhold the local control of I whiskey from the people of Winston ! Salem because the recorder's court : could not. be compared in their favor : with dry lowtis, is interpreted as an admission of the weakness of their cause, ' - -' . I A request was sent to Gov. Glenn I to discuss the local situation here yesterday, and his failuie to do so is being freely commented 'upon. As i no prohibition 'meeker has discussed the control of the liquor trattic, cir culars from the antis are being dis tributed on the streets containing this information. . i Things are at fever heat, the lat-: est. circular Issued by the high (Continued on Page Seven.) (By Leased Wire to The Times.) Fort Worth. Tex., May 25 Seven persons are kiiown to he dead. 5,000 are homeless, and a dozen or more are apt to have been killed in Kort Worth and North Fort Worth as the j result of the greatest rise in (lie his tory of the Trinity river, which, bo I ginning' at -7:30' Saturday evening, reached a climax at 5 o'clock yester day afternoon. Five of the deaths occurred yesterday and two last , night. ' j The paralysis of the railroad ser ivlce is almost total. The lntorurban has discontinued service between I Fort Worth and Dallas. The Rock I Island made no attempt to operate i trains, neither did the Fort Worth & Denver. The Frisco detoured; in fact, not a road escaped more or less' damage. Many persons are missing, find the authorities believe this Is only .the POOR NEW YORKLRS GET PROPERTY OVER IN ERIN (By Leased Wire to The Times.) New York, May 23. By the discov ery of his father's marriage license, Robert James Kelly, a peddler, thinks he has established a claim to a $4,000, 000 estate in Drogheda, Ireland. With him there are four brothers William, a truckman about the Pennsylvania Thirty-seventh street depot; Charles who Is manager of "The Hermitage" on Seventh avenue, and Alexander. The property consists of Linen hall, a blK linen factory; Drogheda, a part of Ulstr Lane, containing about 80 email houses; and the police barracks, or station house of the city. Besides these there is the property of a relative who died intestate. New York Bar Silver. (By Leased Wire to The Times.) New York, May 25 Commercial bar silver, 53 Vic., advance, c. Mexican dollars, 75c, unchanged. Texas Rivers Rising Hourly; Many Persons Are "Drowned The. pttll tax in North Oarolini, ac cording to a. decision handed down l,y the supreme court this afrernnon. shall not exceed two dollars on 'the li-r.U. The court reversed the dKfMw of ihe lower court In the case of Railway, vs. Commissioners of Mecklenburg conniv, and. the decision of the supreme -court is based on the fifth article oi th;- con stitution of North Carolina, .-j i i.-ti de clares that the ."statu and. conny tax shall never exceed two doll ir. . a .(b head.'"-' - A. city 'may also levy a-, inaeh as both the- county and st.'ue mid the total poll lax, therefore, m-iy . be os high as Coin-dollars, but no! w Mi;-. ' The- opinion was written hv Justice Connor and Was concurred in iy chief Justice Clark and the other jtctteVs. : .Since practically eighty-five cnuf.ti"s have been levying a .poll eonf-lde -ibly greater than two dollars on the h":n the decision this afternoon. viU 'j-i-ive one of . the most important -"or .Van - ed down in North ('aolin.i. jt.'A:!! af fect practically every eimnly ami mu nicipality in the state, in some in stances ('iiusins'.i'liaiiso Hi the 1. i.-i-of taxation; "Ulier. 'opinions filled we,- : . Britt vs liuilroad, from iiol.cs.ia, .af tirmeit: .'. , McT.cod vs! 'Commissioners, .from. More; nliirmod. -Uailroiid. . vs. . Commissioners, from Hmicnmbe: reversed, '. . Sylms vs. Insurance cnn.riiiy'.. from Mecklenburg; modith d tui; uli'.nui'd. wilh costs airaiilst defend.' it. GOLF PLAY HiT BY IHE FATAL FLUID ( By 'Leased Wire to -The Tij'.iesj St. Louis, Mo., May 25. -.toKcp'i J. Howard, the millionaire iiesl.;'ciil of the W. !'. Howard Commis . ion Company, war, struck viy . litilii .'(tig and billed yesterday afternoon, in a storm on thf (lien FaIio ,-i-lf ' uks near Normandie, Edward Bookstel ler, J 2 years old, a caddy, was stun ned by the shock. ILnvard was standing tinder an oak tree a hundred feet from the club house, seeking shelter from the heavy rain, when the fatal flash hit. beginning of a long list of deaths in the Hood. Not until the watt r has receded will it be -possible to tell the exact loss in life and property. Xortli Texas Hard Hit. i (By'. Leased Wire to The Times.)", Dallas, Tex., May 25 The most violent storm of the year broke over North Texas late Saturday night. It was' .exceptionally.", severe at Fort Worth, Dallas, Wichita Falls, Denton and Abilene. A. Welch, a saloon-keeper, at Fort Worth, whose place was inundated, was drowned in frying to escape. A 15-year-old boy working lor Welch was drowned with .him. Four men were seen to be swept into ."Marine creek, in the suburbs of Fort Worth, and drowned. The property loss at Fort Worth and vicinity exceeds $100.000.. . '". Wade Owens and Krnest Staettler PRINCE AND ANNA NOT MARRIED IN IIOBOKEN (By Leased Wire to The-Times'.) New York, May 25. -I'rinre Hollo- de Sagun and Mine. Anna Gould were not married by Justice of the Peace Wil liam Budenbender, of -"Hoboken, us has been alleged, according to the positive statement of the justice today. "I never'-married I'lince de Sagan and Mine. Gould," he said, "if I had, my. certificate would have been with the board of health long ago." -,. .' Federal Jobs in South. - ' (By Leased Wire 'o The Times.) Washington, May 25. -The fol lowing nominations were announced today: To be surveyor of customs for the port of Memphis, Joseph T. Spence, of Tennessee; to be receiver of pub lic moneys at Montgomery, Ala., John A. Steele; to be register of the land office ut Montgomery, Ala., Nathan H. Alexander. Austin vp. Insurance '-company, fror-i .Mecklenburg; affirmed. : : Burke 'Vs.' Commissioners of Caston; reversed. Iiurke vs. Jenkins.: from Gaston; re versed. Yotince. vs. Lumber company, from Rutherford; reversed.:- - - ' ' Railroad vr-. Railroad., from Yancey; affirmed. -Mershon vs. 3: orris, from Rutherford ; afiirmed. .,-'' Cordon. Orate -company vs. Mori-is, from Rutherford; affirmed. Long vs. W'iiilick, from Rutherford; action dismissed. State vs. Stevens, from Buncombe; alfirmc;. State vs; Ownliey. from liunonmbe; new trial. .', . ; - '-.' . Bradbiirn vs. Roberts. . from .Ruii eotnlK:;. affirmed, Asheville vs. ... WVawr:' from. Kmi- . a.'n--: atfir.-iieil. lii-fers . vs. Sinner, from, Buncombe: j Siioiid ys. Insurance company, from i ! I:;;:, ,, ml"-. :. !!i :. i; i . Jackson v.-v laiinl, l'im I'.micmbe; j atlirnn d. Smitii vs. Holmes; from Jackson, h'f-. tirmt-tl. . -V j" COxsirt vs.-'M'cAdoii. fi mil lirali.nn ; 'Ul-' ; firmed. Oil. bey . vs. Ra il road, from: Su a in; i r curiani. affirmed.-"-, Snwycr vs. Lui,-r. eomoanv; YrWj, r.eaufoi-i, per curium. : p. i: ie, 10 t.--; hi ar ;i-ni.isse,l. SCORc QF.FIKEIHEN HAVE" CLOSE CALL IN BOSTON (By Le;;:--.ed Wire to 'J'iie Times I : lioston, Mass.,, .May A. ..-score Or more firemen --narrowly escupeil death' eariv tmciy wln n tfie roof of the ware house of V. H. (irafiani,: of Kver sin et. South Boston, rollrpsoil, liniiiii(.' sev eral into lli Mive. i.i ii d burning othf.ts in ,)", liVmlic; rii'n,'.. -KSt'ii'.tSlnf: v i ii may die and six others are at the liospityl In a serious .'condition, . . ; London H::r Silver. ; ( Hy Cable lo Tho Times) ... London. May 20 liar silver, 21 :-1 ; -:. were drowned at Mineral Wells, ; Six persons' lire reported drowned near Wichita Falls and 'Childress. An un identified man was drowned at Den ton. Railroads and crops have suf fered largely. .... Canadian Liver .Makes Trouble. Deni.son, TVx.. May 2,5 Tile Cana dian river is risine; -rapidly and seri ous trouble Is' anticipated. A mes sage from Led River reported the unprecedented rise of 21 feel and eight inches, All the lands are un der water and enormous damage -litis been done to crops, . The": Washita river is out of its banks and miles wide a! many points'. Austin was in the path of the worst of the storm, and for hours the streets were impassable, electric light and telephone connections'- were disabled, and many houses were un roofed.. : CITY LABORERS CAN'T DRINK WHILE ON DUTY (By. Leased Wire to The'Timcs,). . . Milwaukee. Wis., May 2j. City la borers in the future will not be per mitted to .'-frequent saloons duri.i'f working hours, nor will tiny be per mitted to take beer Upon the work ex cept .during the. boon hour. Thi Is one. of the rules Issued .'to? day by the board of public works. An other one Is that all in borers must be able-bodied men, '. capable of doing a full day's work. This means tho dis missal of many aged pensioners. Garter For Lisbon Monarch. . ( By Cable to The Times ) Lisbon,, May 25 It is stated on good authority here that King Ed ward of England will confer the or der of the garter on King Manuel, The information is said to come from the British foreign ofllce, where every effort was made to keep It secret, BRUTAL MURDER IN THE HARBOR Cody of Woman Found Float ing Ttirough Hell Gate, Barrel Tied to Leg HER SKULL FRACTURED j And Police TiiisiR She Must I lave Been Killed On fea! Boat . 1 1 -; V l.ease.1 Wire lie The Times.) . ;.-,- York. May.: iT.'; A bru'tai . mur der; that promises to rival the great ..i.vsti-i'ies of .WW York cunie to light te.lay. . V.M.i.; j I'api. Hockeiiover. of a it. i ! in K . e 'tuirl.oiit, 'discovered the !y a v. inmn lloHtlng in Little le'll Cue, a' b? ;T-re) tied. to one leg. The barrri iia'd cvi-'riif!y -ontained. stones for s- i. il it ! i;r the. boiiv, but had dropped t!).i!i ..(iiV..ii!il the Ixniy liiiil come to t. : i - surface. '-. - 'J lie face of the woinnii was beaten alii! ifrtsli' d almost beyond recogiiiiion. The hoiiy Is. Uiat of a woniau about ye.tvs. ..'.e, iiye feet, seven inches liiii, 'wei'shing' ii(iliably 145 pounds. .She. 'bail lis!'.: bro". a hair and bluish '-. JcJ-'CiiJf .uV.'..-.WAfi clothed 'ri a, win.-,, tei :. jacket. . with a dark skirt and striped snirtw ai.sl. Her skull had been 'i (Wared; . ..':' '....'. " . After examination, the police,, were of the, (iiiinion. that the woni in had been .iiiMcd on some . canal boat and the body- fnstenc'd to a barrel-' filled with rocks, after which, the load was. 'dumped into the. llariein. Detectives ir,' working on the case. I'ullV OF IM.TKit DALY COMKS KAST FOR BlItlAL. - . Illy Leased Wire to The Times.) . New York, May 25. The body of Peter F. 'Daly, tile fomedian, who died in Chicano last Saturday after a sick ness of two days, arrived in New York torlayV Two hundred persons, actors and actresse--, toe;, thcr with a number of bis friends, mot the bodv at the (Orand I'vlitral. Funeral services will be held Wednesday and Interment 'will. ! .a Wo. i, Haw:; ccineteiy. ;k. milks is dkad. But li s Lian. Not Nelson, Miles This Time. ' Illy Leased Wire to The Times) San Francisco, CaL, May 23. -llrigadiel' . General ICvan Miles , (re tired) is dead at. his lioaio. here, aged 71. Gen. Miles served with distinc tion during the war of the rebellion and through a number of Indian cainpiiigns in ."the" West. lie. was also in Cuba. Dr. Ml Says Wright Boys Have Solved The Problem (By Leased Wire to The Times) Washington, May 25 "The acci dents lo the Miirroil. and Knuben-ut-li u dirigible .balloons and lo my own liying-niacbine, while deplora- j ble, especially tin- accident In Cali 'forniu in which-so many persons were ! injured, will do' much toward the ad ; vancetiiViit of the science of aerial j limitation," said Dr. Alexander Gra- hani iH'll. "Accidents have happened S to aerial navigators In the past and will continue.. to happen' to thom in jthe future, but It Is by these mis takes we are able to advance. "The injury and probably ultimate loss of life by .tho falling of the Mor- I roll balloon in California was inex ' disable. The operators should not have thought of taking so ninny pas ; sengers with them on an experimen tal flight, if they desired to test the i carrying capacity of their balloon, they should have used ballast and not human freight, as there Is no reason j why more than two uieu should have Closing Exercises of A. & M.v Baptist University and St. Mary's FINE SERMONS SUNDAY Event in Lives of Hun dreds of College . Students The commencement season Is on in Raleigh. Yesterday three of the colleges A. and M., the Baptist Uni versity for Women and St. Mary's began the closing eexreises with three splendid baccalaureate ser mons. All were attended by large crowds and the music furnished was unusually splendid. The exercises will continue through today and part of tomorrow at the Baptist Univer sity, until Wednesday at noon at A. and M., and until Thursday at noon at. St. Mary's. Never in the history of Raleigh was the interest in the colleges any greater . All have been blessed with large attendances, and all are send ing forth into the world great num bers of young men and women. Dr. McDaniel at A. and M. Dr. George W. McDantel, of Rich mond, Va., yesterday delivered tha baccalaureate sermon to the gradu ates of A. and M. College in the presence of the students and their friends, In spite of the other com mencement exeiclses,' Dr. McDaniel was. J.:ctu-d bj; a large audience, Pal--len Hall being taxed to its fullest, capacity. The preacher spoke on the "Power of Young Manhood," , Young men, speaker declared, have ever been a mighty factor in the his tory of the world and leaders in every battle waged for truth and righteous ness. They have sailed the trackless seas, discovered unknown continents, helped in the making of the laws of the nations and determined the des tiny of the world. Henry Clay, he said, was speaker of the house at 34 years old; Stephen A. Douglas was a candidate for the presidency at 29; John Jay, chief justice of the su preme court of the United States at 45; James G. Blaine, sepaker at 39; Alexander Hamilton had charge of the United States treasury at 32; Columbus was only 30 when he ex plained to the king and queen of Spain his theory of the world that led to the discovery of the western world; Napoleon attained his great ness before his thirtieth birthday: William Pitt was premier and prac tically ruling England at 24; and Jesus completed his life's work at 33 years. Truly, declared Dr. McDaniel, young men may accomplish a vast deal for the weal or woe of the state and the nation. 'Strength of manhood, the preacher declared, grows from obedience to . (Continued on Page Three.) risked their lives on the trip, "None of the accidents reported today, nor, in fact, any of Ue acci- I ui-nin uuii nave nappenea 10 naiioons and flying-machines recently, have been due to any fault of the ma chines, but to lack of skill in the -operator... - The -dirigible balloon and the flying-machine are not things of the future; they are here, and, while they are susceptible of great improvement, still, when the opera tors have learned how to manage their machines,( accidents will be come things of the past." , I Dr. Bell thinks the Wright broth ers have made infinitely greater progress with the aerodrome than any other inventor in the vorld. "The Wright brothers," he said. "I think have solved the problem of navigation with a machine heavier than air, and as soon as they shall have gained greater exnerienea In operating it, accidents such as hap penea to tnem a rew days ag6 will be practically eliminated,"
The Raleigh Times (Raleigh, N.C.)
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May 25, 1908, edition 1
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